-----Original Message----- From: Coalition on Human Needs [mailto:chn at chn.org] Sent: Monday, December 20, 1999 11:10 AM To: Members Only List Subject: INS Oath Amicus Brief Sign-on
==================== INS v. Galvez-Letona Amicus Brief Sign-on ==================== December 20, 1999
Interested organizations should contact Mara Youdelman of the Georgetown Federal Legislation Clinic at (202) 662-9595 or youdelmm at law.georgetown.edu by January 10, 2000.
- Patrick Lester, CHN
TO: Immigration and Disability Advocates FROM: Lisa Smith, Catholic Charities USA
Mara Youdelman, Georgetown Federal Legislation Clinic DATE: December 17, 1999 RE: URGENT -- Sign-Ons Needed for Amicus Brief
As you may know, a U.S. District Court in Utah ruled, in INS v. Galvez-Letona, that the INS must waive taking the oath and naturalize a 26-year-old individual with a developmental disability. This is the first time that a court recognized that INS must waive the oath of renunciation and allegiance for individuals with disabilities who lack capacity to take the oath. The court's decision was based on INS' responsibility to not only comply with the Immigration and Nationality Act (which requires all naturalization applicants to take the oath) but also with Section 504 of the Rehabilitation Act of 1973 (which requires all federal agencies to provide reasonable accommodations to individuals with disabilities, as long as the reasonable accommodation is not a fundamental alteration of the program).
The Department of Justice, on behalf of the INS, appealed the court's ruling. Attorney General Reno issued a statement affirming the importance of the oath, and stated her willingness to support legislation to eliminate this problem. While legislation may ultimately be the best course of action, it is a remedy which is neither immediate nor certain of success. For the appeal, both INS and the attorneys for Mr. Galvez-Letona will submit briefs to the appellate court. In addition, attorneys for advocacy groups are writing an amicus brief supporting the district court's ruling. A summary of this brief is attached below.
We are hoping that a large number of advocacy organizations will sign-on to this brief, to illustrate our support for the district court's ruling. If you are interested in signing-on to the brief, please fill out the attached form and return it to us by fax or E-mail by Jan 10, 1999. We do not currently have a draft of the amicus brief but one should be available by Jan 5. If you need to see a copy of the amicus brief before signing-on, please let us know and we will make one available as soon as we have it.
If you have any questions, please contact Mara Youdelman at (202) 662-9595 or youdelmm at law.georgetown.edu.
SYNOPSIS OF AMICUS BRIEF ------------------------ Mr. Galvez resides in Salt Lake City, Utah and is represented by the private law firm of Ishola, Utzinger & Peretta. Mr. Galvez is twenty-six years old and has severe Downs Syndrome. He is unable to walk, talk, read, or write. Mr. Galvez has permanently resided in the United States since April of 1983, when, at the age of ten, he immigrated to this country from Guatemala.
Mr. Galvez' mother filed a petition for naturalization on her son's behalf on October 9, 1996. The INS denied this application because Mr. Galvez could not take an oath of allegiance. On July 20, 1999, the United States District Court, District of Utah, ruled on Mr. Galvez' Petition for Review and Declaratory Judgement and defendants' Motion for Summary Judgment. The court ordered the INS to grant Mr. Galvez' petition for naturalization. The court found waiving the attachment and oath requirements is a reasonable accommodation under the Rehabilitation Act that does not eliminate an essential aspect of the naturalization program.
Outline of Amicus Brief
I. This ruling will have a significant impact on people with disabilities across the nation. A. Judicial agreement with the INS interpretation will send the message that people with severe cognitive impairments are not worthy of naturalization. Such stigma is irreversible and far-reaching. B. The INS interpretation marginalizes people with severe cognitive impairments by leaving them stateless and outside all societies.
II. Pursuant to the Rehabilitation Act and the implementing DOJ regulations, the INS has a legal obligation to waive the oath.
A. The Rehabilitation Act establishes a non-discrimination mandate for the INS= naturalization program and benefit. The Rehabilitation Act prohibits the INS from discriminating against an otherwise qualified person solely on the basis of that individual=s disability. B. Under the Rehabilitation Act, waiving the oath is a reasonable accommodation that does not amount to a fundamental alteration of the naturalization program or benefit. C. Other courts dealing with similar federal programs have found similar accommodations are not fundamental alterations.
SIGN-ON SHEET FOR AMICUS BRIEF IN GALVEZ-LETONA
TO: Mara Youdelman, Georgetown Federal Legislation Clinic
VIA FAX: (202) 662-9682 VIA E-MAIL: youdelmm at law.georgetown.edu
RE: Amicus Brief in Galvez-Letona
Name: ______________________________________
Organization: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Phone number: ______________________________________
Fax number: ______________________________________
E-mail address: _____________________________________
_____ Please send me a copy of the amicus brief (available after Jan. 5)
via fax: ______ via e-mail: _______.
_____ Please sign my organization on to the amicus brief.
NOTE: If you sign-on to the brief, you MUST attach a one-paragraph description of your organization and its interest in the case (these will be attached to the amicus brief as well as the motion to file an amicus brief)
Sign-ons are due by close of business, Monday, Jan. 10
----------------------------------------------------------------- Patrick William Lester Director of Public Policy and Program Management Coalition on Human Needs
Phone: 202-736-5886 Fax: 202-785-0791 Email: pwlester at chn.org Web: http://www.chn.org